A Fiqh-Medical Study on Contemporary Marriage Defects: The Effects of Sagging Resulting from Gastric Sleeve Surgery

This research examines the phenomenon of gastric sleeve surgery (sleeve gastrectomy) as one of the fastest methods adopted by some individuals to lose weight, despite the potential physical consequences it may entail, such as body sagging or looseness. These post-surgical effects can, in turn, impact marital life by causing defects shared between spouses. The study aims to analyze these effects and their influence on the marital relationship, particularly when such surgical procedures result in defects that grant one spouse the right to seek annulment of the marriage contract (khiyar al-fasakh). The research discusses this issue by clarifying the concept of gastric sleeve operations and their associated effects, exploring their legal rulings within Islamic jurisprudence, and examining how the resulting body deformities from these surgeries can establish a valid basis for exercising the right to annul a marriage according to Islamic principles. It approaches this topic through a medical-fiqhi study that reviews medical procedures involved in gastric sleeve surgeries and addresses remedies for their side effects—whether through corrective surgeries such as body tightening or other methods. The study also investigates scholarly opinions regarding the defects arising from these operations that may be considered shared faults between spouses, potentially justifying the right to annulment. The study concluded by establishing criteria for defining marriage defects that warrant separation and clarifying each party’s entitlement to seek dissolution of the marriage contract. Given that cosmetic surgery generally has positive or negative impacts on marital stability—affecting mutual enjoyment in accordance with Shariah—the research recommended exploring alternative weight-loss methods and lawful remedies for these effects, ensuring that each spouse’s legal rights are preserved.